§952. New and expanded electric generation facilities using Louisiana groundwater for production of electricity; requirement of notice of operation date and contact information for electric power sales; reports

            A.(1) The provisions of this Section shall apply to all entities that own, lease, and/or operate new or expanded electric generation facilities that commence operation in the state on or after January 1, 2003, if the new or expanded electric generation facilities use or consume groundwater of the state in the process of producing electricity for sale into the wholesale electricity market.

            (2) The provisions of this Section shall not apply to municipally owned or operated electric generation facilities, electric generation facilities subject to the jurisdiction of the Louisiana Public Service Commission, qualifying cogeneration and small power production facilities as defined in the Public Utilities Regulatory Act of 1978 (PURPA), or electric generation facilities that produce electricity exclusively for use at the site of generation and/or for sale to a Louisiana electric public facility.

            B.(1)(a) All new or expanded electric generation facilities provided for in Subsection A of this Section shall, at least one hundred eighty days prior to the start of commercial operation of such facilities, provide notice to the secretary of Louisiana Economic Development, the executive secretary of the Louisiana Public Service Commission, and the Groundwater Management Commission of the expected date for commencing such operation and contact information for electric power sales from the generation facilities. Such notice shall be designed to inform Louisiana-based wholesale power buyers of the generator's intent to sell power.

            (b) Louisiana Economic Development and the Louisiana Public Service Commission shall post such information on each agency's official website and/or publish such information in each agency's official publication.

            (2) After the initial operation of such facility, its management shall provide semiannual notification to such department and commissions, if less than twenty-five percent of the power sales in megawatt hours from the facility during the previous six months were made to in-state purchasers.

            Acts 2001, No. 1040, §1, eff. June 27, 2001.